Case Settles for $40,000 in Rear-End Collision After Defense Verdict

A driver, the plaintiff, filed a lawsuit alleging a rear-end collision caused a cervical herniation that later required surgery. The plaintiff contended the accident, which occurred when he was 39 years old, precipitated a degenerative process in his neck. Treating neurosurgeons and radiologists testified that the herniation was causally related to the collision, and the plaintiff highlighted significant impact damage to both vehicles.

The defendant disputed the claim, arguing the accident was not the proximate cause of the herniation. The defense noted a 2.5-year gap in the plaintiff's medical treatment following an initial visit. The defendant also presented medical histories from two physicians that referenced a recent basketball injury, which the plaintiff contended was an error. The plaintiff continued working as an EMT until the surgery and subsequently returned to work.

A jury found for the defendant on the issue of proximate cause. Prior to the verdict, the parties had agreed to a high/low settlement ranging from $40,000 to $100,000, with the defendant having a $100,000 policy. Following the jury's verdict, the case settled for $40,000.